North Hampton ZBA responds to Ganotis' letter

Friday

Aug 31, 2007 at 2:00 AM

NORTH HAMPTON — Zoning Board of Adjustment Chairman John Anthony Simmons acquired a copy of a public statement made by Chris Ganotis, chairman of the conservation commission, and the Hampton Union afforded him the opportunity to respond. The two chairmen have been at odds over a variety of issues.

Laura Mellow

NORTH HAMPTON — Zoning Board of Adjustment Chairman John Anthony Simmons acquired a copy of a public statement made by Chris Ganotis, chairman of the conservation commission, and the Hampton Union afforded him the opportunity to respond. The two chairmen have been at odds over a variety of issues.

One of Simmons' overriding points is that though there seems be a halt in communication between the two boards, the ZBA extended an invitation for the commission to attend one of its meetings and the offer stands. Simmons said the fact it was rejected implies political motives.

"The invitation has been made and it's been completely ignored. That, to me, is pretty obvious that it has nothing to do with communication and everything to do with the fact that he wants to make an accusation," Simmons said referring to Ganotis.

Perhaps the heaviest charge leveled against the ZBA is Ganotis' insinuation, by its inclusion in the letter, that the presence of coliform bacteria "migrating into Conservation land and other private property" from a failing septic system may be attributed to the ZBA. It's something Ganotis said the conservation commission is monitoring in other areas because of "the presence of septic systems in areas we believe are too close to wetlands."

"It's just such a wild accusation, I just don't even know what to make of it," Simmons said.

The ZBA chairman said unless the property is identified and the septic system linked to a variance the ZBA granted, there is no connection to that board. He also feels that since, as pointed out in the public statement, the town is waiting on "confirming evidence," Ganotis should not be pointing the finger.

In his statement, Ganotis included a list of wetland setback variance requests and rulings since 2003.

"These records indicate 27 applications for wetland setbacks; 22 approved, 5 withdrew, none denied ...; " Ganotis wrote. Simmons said that although he has been unable to check Ganotis' facts, he thought there may have been some "misinformation."

"We're not a political board. We are governed by case law," Simmons said, adding if an applicant meets the five criteria the ZBA must grant the variance. "If they meet it ...; we have to grant it. To deny it would subject the town to a lawsuit.

"It's not discretionary, at least not fully discretionary. "My concern is that there is an ignorance of what the ZBA does and how we operate."

Simmons said the ZBA serves as a "safety valve" that protects "inalienable property rights of property owners."

"This isn't a community where the only body of water is a lake on the west side of town ...; it's everywhere. The goal, itself, I wholeheartedly support," Simmons said of the intent to protect wetlands.

Ganotis' final complaints about the ZBA are procedural in nature. He said at the June ZBA meeting a letter from the conservation commission "was rejected by the ZBA as a result of technicalities in how the correspondence was delivered."

Simmons, who was not present at the June meeting, referenced the letter at the ZBA's July meeting pointing to a ZBA rule that states e-mail communication is "not deemed an official communication to the Board ...; " Simmons would not comment on specifics of the June meeting except to say everyone in town has access to the ZBA's rules of procedure.

He said the conservation commission was not being "singled out on meeting procedural matters" as Ganotis wrote, concerning the ZBA's recent request that the commission attach its meeting minutes that concern applications to any ZBA correspondence.

"They're being asked to submit evidence to a judicial board just like everyone else is," Simmons said. "It's not been requested to be abrasive."

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.

Advertise

Original content available for non-commercial use under a Creative Commons license, except where noted.
seacoastonline.com ~ 111 New Hampshire Ave., Portsmouth, NH 03801 ~ Privacy Policy ~ Terms Of Service